81 FR 70658 - Fisheries of the Northeastern United States; Jonah Crab Fishery; Advance Notice of Proposed Rulemaking and Notice of Intent To Prepare an Environmental Impact Statement; Scoping Process
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 198 (October 13, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 198 (October 13, 2016)
| Page Range | 70658-70660 | |
| FR Document | 2016-24746 |
[Federal Register Volume 81, Number 198 (Thursday, October 13, 2016)] [Proposed Rules] [Pages 70658-70660] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24746] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151006928-6899-01] RIN 0648-BF43 Fisheries of the Northeastern United States; Jonah Crab Fishery; Advance Notice of Proposed Rulemaking and Notice of Intent To Prepare an Environmental Impact Statement; Scoping Process AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking; request for comments. ----------------------------------------------------------------------- SUMMARY: Based on Atlantic States Marine Fisheries Commission recommendations, we are issuing this advance notice of proposed rulemaking announcing our intent to develop regulations in support of an Interstate Fishery Management Plan for Jonah crab. The advance notice of proposed rulemaking is necessary to provide the public with background information and to alert interested parties of future regulations governing Jonah crab fishing in Federal waters of the Exclusive Economic Zone. We are also announcing our intent to prepare an Environmental Impact Statement in accordance with the National Environmental Policy Act. This notice is to alert the interested public of the scoping process and potential development of a draft Environmental Impact Statement, and to outline opportunity for public participation in that process. DATES: Written and electronic comments must be received on or before November 14, 2016. ADDRESSES: You may submit comments on the Jonah Crab Plan, identified by NOAA-NMFS-2015-0127, by either of the following methods:Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0127, click the ``Comment Now!'' icon, complete the required fields, and enter or attach your comments. Mail: Submit written comments to John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: ``Comments on Jonah Crab Plan.'' Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Requests for copies of the Commission's Jonah Crab Plan should be directed to Robert Beal, Executive Director, Atlantic States Marine Fisheries Commission, 1050 N. Highland St, Suite A-N, Arlington, VA 22201. It is also available electronically at: http://www.asmfc.org/uploads/file/55e9daffJonahCrabInterstateFMP_Aug2015.pdf. Requests for copies of the scoping document and other information should be directed to Allison Murphy, Fishery Policy Analyst, NOAA Fisheries, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930, telephone (978) 281-9122. The scoping document will be available electronically at: http://www.greateratlantic.fisheries.noaa.gov/. FOR FURTHER INFORMATION CONTACT: Allison Murphy, Fishery Policy Analyst, NMFS, [email protected], telephone (978) 281-9122. SUPPLEMENTARY INFORMATION: Background Jonah crab (Cancer borealis), also known as rock crab, is not currently managed under Federal regulations. The Atlantic States Marine Fisheries Commission's Lobster Board, working through its public meeting process, approved an Interstate Fishery Management Plan for Jonah Crab in August 2015. The goal of the plan is to promote conservation, reduce the possibility of recruitment failure, and allow the industry to continue fishing [[Page 70659]] the resource at present levels. The Commission's Jonah Crab Plan includes commercial and recreational measures, and reporting requirements, summarized in Table 1, below. Table 1--Commission-Recommended Jonah Crab Management Measures ---------------------------------------------------------------------------------------------------------------- Description ---------------------------------------------------------------------------------------------------------------- Commercial Management Measure ---------------------------------------------------------------------------------------------------------------- Permits.......................................................... Limits participation in the directed trap fishery to only those vessels and permit holders that already hold a lobster permit, or can prove prior participation in the crab fishery before the June 2, 2015, control date. Minimum Size..................................................... 4\3/4\ inches (12.065 cm). Landing Disposition.............................................. Whole crab fishery, with an exception for New Jersey, Maryland, Delaware, and Virginia harvesters who can demonstrate history in the claw-only fishery.* Broodstock Protection............................................ Prohibition on the retention of egg-bearing females. Incidental Catch Limit........................................... 1,000 crabs/trip for non-lobster trap and non- trap gear. ---------------------------------------------------------------------------------------------------------------- Recreational Management Measures ---------------------------------------------------------------------------------------------------------------- Possession Limit................................................. 50 whole crabs/person per day. Broodstock Protection............................................ Prohibition on the retention of egg-bearing females. ---------------------------------------------------------------------------------------------------------------- Reporting Requirements ---------------------------------------------------------------------------------------------------------------- Dealer Reporting................................................. 100-percent dealer reporting. Harvester Reporting.............................................. 100-percent harvester reporting, but allows jurisdictions that currently require less than 100 percent of lobster harvesters to report are required to maintain its current reporting programs and extend them to Jonah crab. ---------------------------------------------------------------------------------------------------------------- * The Commission is considering a coastwide claw-only fishery as part of Addendum II. Anticipating that the approved Jonah Crab Plan would include permitting requirements, the Commission requested that we issue a control date for the Jonah crab fishery. We published a notice (80 FR 31347; June 2, 2015) establishing June 2, 2015, as the control date. The notice advised Jonah crab harvesters to locate and preserve records. It also notified harvesters that landings after the control date may not be treated the same as landings that occurred prior to the control date. The Board recommended allowing any lobster permit holder to continue to fish for and retain Jonah crabs. The Board also recommended allowing access for historic crab-only harvesters to continue to fish for and retain Jonah crabs. The Board has not yet developed qualification criteria for historic crab-only harvesters in the Jonah Crab Plan. While the Board's Plan Development Team has investigated Jonah crab-only landings, it has not been able to investigate Jonah crab-only harvesters with substantial landings. We will work with the Commission and state partners through the development of these recommendations. In the Jonah Crab FMP, the Lobster Board recommended an incidental catch limit of 200 crabs/day, up to 500 crabs/trip. After the FMP was approved, the Board became aware that the approved limit might restrict some historical fishing practices, which was not intended. In November 2015, the Board initiated Addendum I to reconsider the incidental catch limit. At its May 2016 meeting, the Lobster Board finalized Addendum I by selecting an incidental catch limit of 1,000 crabs for a trip of any length for both non-trap and non-lobster trap gear. In May 2016, the Lobster Board initiated Addendum II to further develop claw-only fishery requirements. Although draft Addendum II has not yet been released for public comment, we expect it to contain alternatives that would allow a coastwide claw-only fishery, as well as an alternative that would restrict Jonah crab landings to only whole crabs (i.e., prohibit landing claws). We expect the draft addendum to be discussed in October 2016, and revised claw-only fishery requirements to be selected by the Lobster Board in February 2017, following public comment. States were required to implement Jonah Crab Plan requirements by June 1, 2016. In September, 2015, the Commission formally requested that we issue complementary regulations in Federal waters. We are reviewing the Commission's Jonah Crab Plan, available data, and are considering implementing complementary measures in Federal waters. We are seeking public comment on the Commission's recommended measures, as well as soliciting input on any additional alternatives that we should consider for managing the Federal Jonah crab fishery. Public Comment We are soliciting written comments to help us determine the scope of issues to be addressed by potential Federal regulations in support of the Jonah Crab Plan, as well as to identify significant issues for inclusion in the Environmental Impact Statement. We are particularly interested in comment on the Commission's recommended measures outlined in Table 1, including potential criterial for a possible limited access directed fishery. We are also interested in comment on the nature and extent of a possible claw-only fishery which may be revised in Addendum II. Scoping consists of identifying the range of actions, alternatives, and impacts to be considered. After the scoping process is completed, we will begin development of Federal regulations and may prepare an Environmental Impact Statement to analyze the impacts of the range of alternatives under consideration. Impacts may be direct, indirect, or cumulative. In addition to having the opportunity to comment on this notice, the public will have the opportunity to comment on the measures and alternatives being considered through the public comment period and a public meeting, consistent with National Environmental Policy Act and the Administrative Procedure Act. [[Page 70660]] We have scheduled a scoping webinar for October 20, 2016 at 5:00 p.m. during which we will take and discuss scoping comments on future Jonah crab regulations. Please use the link and call in information provided below: Webinar: https://noaaevents.webex.com/noaaevents/onstage/g.php?MTID=ed272b501b73da9f75dff6eb36ca49229, Webinar access code: Meeting123, Telephone Number: 877-661-2084, Participant Code: 613780. Authority: 16 U.S.C. 1801 et seq. Dated: October 6, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-24746 Filed 10-12-16; 8:45 am] BILLING CODE 3510-22-P
![70658 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Proposed Rules
identification to enter the building. (d) Effective/applicability date. This www.regulations.gov/
Because of access restrictions, visitors section is applicable beginning February #!docketDetail;D=NOAA-NMFS-2015-
will not be admitted beyond the 27, 2017. 0127, click the ‘‘Comment Now!’’ icon,
immediate entrance area more than 30 complete the required fields, and enter
John Dalrymple,
minutes before the hearing starts. For or attach your comments.
information about having your name Deputy Commissioner for Services and • Mail: Submit written comments to
Enforcement.
placed on the building access list to John K. Bullard, Regional
[FR Doc. 2016–24666 Filed 10–12–16; 8:45 am]
attend the hearing, see the FOR FURTHER Administrator, NMFS, Greater Atlantic
INFORMATION CONTACT section of this BILLING CODE 4830–01–P Regional Fisheries Office, 55 Great
preamble. Republic Drive, Gloucester, MA 01930.
The rules of 26 CFR 601.601(a)(3) Mark the outside of the envelope:
DEPARTMENT OF COMMERCE ‘‘Comments on Jonah Crab Plan.’’
apply to the hearing. Persons who wish
to present oral comments at the hearing Instructions: Comments sent by any
National Oceanic and Atmospheric other method, to any other address or
must submit written comments or Administration
electronic comments by November 28, individual, or received after the end of
2016 and submit an outline of the topics the comment period, may not be
50 CFR Part 648 considered by NMFS. All comments
to be discussed and the amount of time
to be devoted to each topic (a signed [Docket No. 151006928–6899–01] received are a part of the public record
original and 8 copies) by November 28, and will generally be posted for public
RIN 0648–BF43
2016 . A period of 10 minutes will be viewing on www.regulations.gov
allotted to each person for making Fisheries of the Northeastern United without change. All personal identifying
comments. An agenda showing the States; Jonah Crab Fishery; Advance information (e.g., name, address, etc.),
scheduling of the speakers will be Notice of Proposed Rulemaking and confidential business information, or
prepared after the deadline for receiving Notice of Intent To Prepare an otherwise sensitive information
outlines has passed. Copies of the Environmental Impact Statement; submitted voluntarily by the sender will
agenda will be available free of charge Scoping Process be publicly accessible. NMFS will
at the hearing. accept anonymous comments (enter ‘‘N/
AGENCY: National Marine Fisheries A’’ in the required fields if you wish to
Drafting Information Service (NMFS), National Oceanic and remain anonymous).
Atmospheric Administration (NOAA), Requests for copies of the
The principal author of these Commerce. Commission’s Jonah Crab Plan should
regulations is Maria Del Pilar Austin of be directed to Robert Beal, Executive
ACTION: Advance notice of proposed
the Office of the Associate Chief Director, Atlantic States Marine
rulemaking; request for comments.
Counsel (Procedure and Fisheries Commission, 1050 N.
Administration). Other personnel from SUMMARY: Based on Atlantic States Highland St, Suite A–N, Arlington, VA
the Treasury Department and the IRS Marine Fisheries Commission 22201. It is also available electronically
participated in their development. recommendations, we are issuing this at: http://www.asmfc.org/uploads/file/
List of Subjects in 26 CFR Part 300 advance notice of proposed rulemaking 55e9daffJonahCrabInterstateFMP_
announcing our intent to develop Aug2015.pdf.
Reporting and recordkeeping regulations in support of an Interstate Requests for copies of the scoping
requirements, User fees. Fishery Management Plan for Jonah document and other information should
crab. The advance notice of proposed be directed to Allison Murphy, Fishery
Proposed Amendments to the
rulemaking is necessary to provide the Policy Analyst, NOAA Fisheries,
Regulations
public with background information Greater Atlantic Regional Fisheries
Accordingly, 26 CFR part 300 is and to alert interested parties of future Office, 55 Great Republic Drive,
proposed to be amended as follows: regulations governing Jonah crab fishing Gloucester, MA 01930, telephone (978)
in Federal waters of the Exclusive 281–9122. The scoping document will
PART 300—USER FEES Economic Zone. We are also be available electronically at: http://
announcing our intent to prepare an www.greateratlantic.fisheries.noaa.gov/.
■ Paragraph. 1. The authority citation Environmental Impact Statement in FOR FURTHER INFORMATION CONTACT:
for part 300 continues to read as accordance with the National Allison Murphy, Fishery Policy Analyst,
follows: Environmental Policy Act. This notice is NMFS, allison.murphy@noaa.gov,
to alert the interested public of the telephone (978) 281–9122.
Authority: 31 U.S.C. 9701 * * *
scoping process and potential
SUPPLEMENTARY INFORMATION:
■ Par 2. In § 300.3, paragraphs (b)(1) development of a draft Environmental
introductory text and (d) are revised to Impact Statement, and to outline Background
read as follows: opportunity for public participation in Jonah crab (Cancer borealis), also
that process. known as rock crab, is not currently
§ 300.3 Offer to compromise fee.
DATES: Written and electronic comments managed under Federal regulations. The
* * * * * must be received on or before November Atlantic States Marine Fisheries
(b) Fee—(1) The fee for processing an 14, 2016. Commission’s Lobster Board, working
Lhorne on DSK30JT082PROD with PROPOSALS
offer to compromise submitted before ADDRESSES: You may submit comments through its public meeting process,
February 27, 2017, is $186. The fee for on the Jonah Crab Plan, identified by approved an Interstate Fishery
processing an offer to compromise NOAA–NMFS–2015–0127, by either of Management Plan for Jonah Crab in
submitted on or after February 27, 2017, the following methods: August 2015. The goal of the plan is to
is $300. No fee will be charged if an • Electronic Submission: Submit all promote conservation, reduce the
offer is—* * * electronic public comments via the possibility of recruitment failure, and
* * * * * Federal e-Rulemaking Portal. Go to allow the industry to continue fishing
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![70660 Federal Register / Vol. 81, No. 198 / Thursday, October 13, 2016 / Proposed Rules
We have scheduled a scoping webinar Initial Regulatory Flexibility Analysis was prepared by the Pacific Fishery
for October 20, 2016 at 5:00 p.m. during (IRFA), identified by NOAA–NMFS– Management Council (Council) and is
which we will take and discuss scoping 2016–0123, by any of the following implemented under the authority of the
comments on future Jonah crab methods: MSA by regulations at 50 CFR part 660.
regulations. Please use the link and call • Electronic Submission: Submit all The DGN fishery has been subject to
in information provided below: electronic public comments via the a number of seasonal closures. Since
• Webinar: https:// Federal e-Rulemaking Portal. Go to 1982, it has been closed inside the
noaaevents.webex.com/noaaevents/ http://www.regulations.gov/ entire U.S. West Coast exclusive
onstage/g.php?MTID=ed272b501b73 #!docketDetail;D=NOAA-NMFS-2016- economic zone (EEZ) from February 1 to
da9f75dff6eb36ca49229, 0123, click the ‘‘Comment Now!’’ icon, April 30 of each year. In 1986, a closure
• Webinar access code: Meeting123, complete the required fields, and enter was established within 75 miles of the
• Telephone Number: 877–661–2084, or attach your comments. California mainland from June 1
• Participant Code: 613780. • Mail: Submit written comments to through Aug 14 of each year to conserve
Lyle Enriquez, NMFS West Coast common thresher sharks; this closure
Authority: 16 U.S.C. 1801 et seq.
Region, 501 W. Ocean Blvd., Suite 4200, was extended to include May in 1990
Dated: October 6, 2016. Long Beach, CA 90802. Include the and later years. In 2001, NMFS
Samuel D. Rauch III, identifier ‘‘NOAA–NMFS–2016–0123’’ implemented two Pacific sea turtle
Deputy Assistant Administrator for in the comments. conservation areas on the U.S. West
Regulatory Programs, National Marine Instructions: Comments must be Coast with seasonal DGN restrictions to
Fisheries Service. submitted by one of the above methods protect endangered leatherback and
[FR Doc. 2016–24746 Filed 10–12–16; 8:45 am] to ensure they are received, loggerhead sea turtles. The larger of the
BILLING CODE 3510–22–P documented, and considered by NMFS. two closures spans the EEZ north of
Comments sent by any other method, to Point Conception, CA (34°27′ N.
any other address or individual, or latitude) to mid-Oregon (45° N. latitude)
DEPARTMENT OF COMMERCE received after the end of the comment and west to 129° W. longitude. DGN
period, may not be considered. All fishing is prohibited annually within
National Oceanic and Atmospheric comments received are a part of the this conservation area from August 15 to
Administration public record and will generally be November 15 to protect leatherback sea
posted for public viewing on turtles. A smaller closure was
50 CFR Part 660 www.regulations.gov without change. implemented to protect Pacific
[Docket No. 160728670–6904–01] All personal identifying information loggerhead turtles from DGN gear from
(e.g., name, address, etc.) submitted June 1–August 31 of each year during a
RIN 0648–BG23 forecasted or occurring El Niño event,
voluntarily by the sender will be
publicly accessible. Do not submit and is located south of Point
Fisheries off West Coast States; Highly
confidential business information, or Conception, CA, and east of 120° W.
Migratory Fisheries; California Drift
otherwise sensitive or protected longitude (72 FR 31756). The number of
Gillnet Fishery; Protected Species
information. NMFS will accept active vessels in the DGN fishery has
Hard Caps for the California/Oregon
anonymous comments (enter ‘‘N/A’’ in remained under 50 vessels since 2003,
Large-Mesh Drift Gillnet Fishery
the required fields if you wish to remain and there has been an average of 20
AGENCY: National Marine Fisheries anonymous). active vessels per year from 2010
Service (NMFS), National Oceanic and Copies of the draft EA, draft RIR, through 2015.
Atmospheric Administration (NOAA), IRFA, and other supporting documents Since 1990, NMFS has targeted 20
Commerce. are available via the Federal percent observer coverage of the DGN
ACTION: Proposed rule; request for eRulemaking Portal: http:// fishery each year, per recommendations
www.regulations.gov, docket NOAA– from the Southwest Fisheries Science
comments.
NMFS–2016–0123 or by contacting the Center (NMFS 1989). NMFS’ fleet-wide
SUMMARY: NMFS is proposing Regional Administrator, Barry Thom, observer coverage target has been 30
regulations under the authority of NMFS West Coast Region, 1201 NE. percent since 2013. Since some DGN
Section 303(b) of the Magnuson-Stevens Lloyd Blvd., Portland, OR 97232–2182, vessels are unobservable due to safety or
Fishery Conservation and Management or RegionalAdministrator.WCRHMS@ accommodations requirements, the
Act (MSA) to implement an immediate noaa.gov. observable vessels are observed at a rate
closure of the California thresher shark/ higher than 30 percent to attain the
FOR FURTHER INFORMATION CONTACT: Lyle fleet-wide 30 percent coverage. Four to
swordfish drift gillnet (DGN) (mesh size Enriquez, NMFS, West Coast Region,
≥14 inches) fishery if a hard cap (i.e., 562–980–4025, or Lyle.Enriquez@
six DGN vessels have been unobservable
limit) on mortality/injury is met or during each fishing season from 2011 to
noaa.gov. present.
exceeded for certain protected species
during a rolling 2-year period. The SUPPLEMENTARY INFORMATION:
Council Background
length of the closure would be Background
dependent on when—during the 2-year In March 2012, the Council tasked
period—the hard cap is reached. The DGN fishery for swordfish and NMFS with determining the steps
thresher shark (14″ minimum mesh size) needed to implement protected species
DATES: Comments on the proposed rule
is federally managed under the Federal hard caps in the DGN fishery. Originally
Lhorne on DSK30JT082PROD with PROPOSALS
and supporting documents must be Fishery Management Plan for U.S. West concerned with sea turtle interactions,
submitted in writing by November 28, Coast Fisheries for Highly Migratory the Council expanded its scope to
2016. Species (HMS FMP) and via regulations include marine mammals at its June
ADDRESSES: You may submit comments of the states of California and Oregon to 2014 meeting. At that meeting, the
on this document, the draft conserve target and non-target stocks, Council directed its Highly Migratory
Environmental Assessment (EA), draft including protected species that are Species Management Team (HMSMT) to
Regulatory Impact Review (RIR) and incidentally captured. The HMS FMP begin developing a range of alternatives
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Document Created: 2016-10-13 00:53:52
Document Modified: 2016-10-13 00:53:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Advance notice of proposed rulemaking; request for comments. | |
| Dates | Written and electronic comments must be received on or before November 14, 2016. | |
| Contact | Allison Murphy, Fishery Policy Analyst, NMFS, [email protected], telephone (978) 281-9122. | |
| FR Citation | 81 FR 70658 | |
| RIN Number | 0648-BF43 |
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